Neer v. Salem
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice McBride. This is an action by James R. Neer against the City of Salem to recover the sum of $318.97, paid by plaintiff as a sewer assessment upon his property in Salem. The facts are as follows: In 1911, a sewer assessment was duly levied upon certain lots of plaintiff in North Salem. The general area of the proposed improvement included a large part of what is known as North Salem.
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From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice McBride. This is an action by James R. Neer against the City of Salem to recover the sum of $318.97, paid by plaintiff as a sewer assessment upon his property in Salem. The facts are as follows: In 1911, a sewer assessment was duly levied upon certain lots of plaintiff in North Salem. The general area of the proposed improvement included a large part of what is known as North Salem. The validity of the assessment was contested by plaintiff and a large number of other citizens, but was finally declared valid by this court. Before…
1Opinion of the CourtJustice McBride
1. The refunding provisions of the charter and ordinance do not include plaintiff. They expressly confine the right to receive the refund to persons holding “the record legal title on December 2, 1912,” at which date, and for a long time previous thereto, the record legal title was in plaintiff’s grantee, TIattie P. Stith. With the equity of this plan of refunding we have nothing to do, although as a general rule it would seem to be as fair as any that could be devised. The sewer assessments were not a personal charge against the property owners, but against the lots affected by it when the…
2Cases cited4 opinions
- McConville v. City of St. PaulSupreme Court of Minnesota · 1899
- Bernays v. WurmbMissouri Court of Appeals · 1877
- Smith v. City of MinneapolisSupreme Court of Minnesota · 1905
- Borton v. City of PortlandOregon Supreme Court · 1912
3Cited by4 opinions
- Moffitt v. SalemOregon Supreme Court · 1916
- Valley National Bank v. Salt River Valley Water Users' Ass'nArizona Supreme Court · 1939
- People ex rel. City of Park Ridge v. HollisIllinois Supreme Court · 1966
- Trustees of the Methodist Episcopal Church South v. AylorCourt of Appeals of Kentucky (pre-1976) · 1930